Merck Prevails on Warning, Warranty Claims in N.Y. Federal Fosamax Injury Case

BUFFALO, N.Y. — A New York federal judge has awarded Merck summary judgment on a failure-to-warn claim in an action accusing it of failing to warn that its osteoporosis drug Fosamax can cause osteonecrosis of the jaw (ONJ), ruling there was no evidence that would have allowed the company to update the warning label earlier than 2005.

In a June 14 order, Judge Christina Reiss of the U.S. District Court for the Western District of New York concluded that the plaintiff’s failure to proffer any admissible expert testimony that the warning label was inadequate when she took the drug is …